Sunday, June 12, 2011

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mirage

03-06 01:03 PM

Just a little update, Called up my Senator's office this morning..Started talking about country Cap issue, the guy knew everything about it, he took notes & promised he will pass it on to the Senator. Here's what I suggested him

1) Lift the Country Cap for Temporary period of time, may be just for 2 years. 2) Limit the Maximum waiting time, say if one applicant is waiting for 5 years than country cap should be exempted and he should be given a preference over a person who�s PD is just 1 year old.

He specifically told me 'your second point is very good, I'll certainly share these with the Senator'...

I urge you guys to contact your senators & Congressmen/Congresswomen

We have a group which is focusing on this issue, if you want to join us here's the link

http://groups.yahoo.com/group/yourvoiceiv/

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hpandey

07-08 11:25 AM

There is also a possibility that in future you marry a person who is already here .. maybe on H1 or GC or a citizen . Since you are already going through a divorce I am sure if you marry again you would want to meet and understand your next future spouse thoroughly before marrying .

I can understand your situation . My personal advise is take it as it comes. Get the current situation over with first . As for your questions it has already been answered above.

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zephyrr

03-20 11:56 PM

Question 11. When is an I-140 no longer valid for porting purposes? Answer: An I-140 is no longer valid for porting purposes when: A. an I-140 is withdrawn before the alien’s I-485 has been pending 180 B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.

I pulled this from the Aytes memo:http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

Unless I'm not construing the above correctly, a withdrawl after 180 days has no impact. The only thing that would be a 'death-knell' is if an RFE is issued which the employer does not respond to.

withdrawl in that case would be death-knell to your AOS case.. there is theoretical opening for "approvable" 140 cases in yates memo, but it's more theory than practice, in the world wher USCIS is revoking approved 140s , one can't depend on such a slim glimmer of hope..

Did we consider any other avenues find out is there any way out to influence DOS visa availability.

How did Nurses was able to accomodate their visa numbers without any bills are ammendments ( I know there is lot of demand for nurses)

you guys are doing a great job lobbying congressmen, but I think we should also consider finding out how current law if implemented properly can reduce the backlog and reduce retrogression.

for example we should make sure 245i case should not effect our visa numbers, I belive we can work these hurdles while we wait for current immigration debate to complete.

I called several senators last week and discussed with their immigration specialist, I got a feeling this debate is more about illegal aliens and about hispanic votes not many of them are considering legal aliens and issues.

The visas for nurses and schedule A was the result of a bill passed around May 2005 which recaptured unsued visa numbers and gave them only to schedule a.

Lady GaGa – Live @ Ellen

acecupid

09-06 08:33 PM

Read something interesting on TOI..

NRIs treated as Not Required Indians! - India - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/india/NRIs-treated-as-Not-Required-Indians/articleshow/4979439.cms)

Indubhai Amin, a non-resident Indian (NRI) settled in the UK earns interest income of Rs 3 lakh on his non-resident ordinary account bank deposit in India in the current FY 2009-10. Enjoying his personal exemption limit of Rs 1.60 lakh and the eligible deduction of Rs 1 lakh u/s 80C, Amin is comfortable paying income tax of Rs 4,000 in the first slab of 10 per cent on his effective taxable income of Rs 40,000.

Flat tax of 20% and 30%

A huge shock awaits Amin and millions of NRIs, in regard to taxation of their interest and investment income and capital gains earned in India, proposed to be treated under the draft Direct Tax Code as "income from special sources."

In 2011-12, on the same interest income of Rs 3 lakh, Amin will be required to pay a hefty tax of Rs 60,000 at the flat rate of 20 per cent, without being eligible to claim any basic exemption or other deduction, as provided under rule three of the First Schedule to the Code.

Moreover, all capital gains earned by a non-resident will attract a flat tax of 30 per cent, irrespective of the amount of capital gains. While a resident Indian will be required to pay tax of Rs 3.84 lakh on his taxable income of Rs 25 lakh, an NRI earning equivalent capital gains will be called upon to pay almost double tax of Rs 7.5 lakh.

Hair-raising drafting

New section 13 (2) provides that such �special income� shall be computed in accordance with the provisions of the Ninth Schedule, the drafting of which is literally hair-raising. It provides that the amount of accrual or receipt shall be computed as the taxable income, and no loss, allowance or deduction shall be allowed, as the same shall be presumed to have been granted. The only exception in this regard, in respect of capital gains arising from the transfer of equity shares or units of equity oriented mutual fund chargeable to STT, is quite amusing, as it stands redundant in view of the proposal to abolish STT (a classic instance of incoherent drafting).

The draftsman does not seem to have realized the harsh implications. It means that if an NRI sells a capital asset purchased for Rs 10 lakh at Rs 30 lakh, he will be required to pay tax of Rs 9 lakh at 30 per cent on the gross sale consideration of Rs 30 lakh without any deduction even for the cost of acquisition of Rs 10 lakh (not to mention any benefit of indexation on the same).

Determination of residential status

The residential status of an individual under the Code is proposed to be determined as per the current norms. However, the status of "not ordinarily resident" (NOR) is proposed to be eliminated. Despite the above, Clause 24 of the Sixth Schedule has still provided for exemption in respect of interest earned on foreign currency deposits in the case of NOR. Poor drafting indeed!

The Code has proposed to retain the current exemptions availed by a non-resident in case of interest earned on NRE and FCNR deposits with banks.

Special exemption for returning NRIs

A useful exemption has been provided in case of income earned outside India, if it is not derived from a business controlled from India, in the financial year in which the returning NRI becomes an Indian resident and the immediately succeeding financial year. However, the benefit of the said exemption would be available, only if such individual was a non-resident for nine years immediately preceding the financial year in which he becomes a resident.

Wealth-tax liability for NRIs

Proposed Section 102 of the Code provides for wealth tax liability in the case of the value of all global assets of an individual or HUF. However, an exemption has been provided in case of the value of assets located outside India in case of an individual who is not a citizen of India or an individual or HUF not resident in India. Hence, while returning NRIs who are non-citizens will enjoy wealth-tax exemption for their overseas assets, NRIs with Indian citizenship becoming residents will attract wealth-tax liability on such assets held abroad.

Illogical exemption under wealth-tax

Talking about wealth tax, the Code prescribes an exemption in respect of any house or plot of land belonging to an individual or HUF, if it is acquired before April 1, 2000. It is difficult to understand the logic as to why this exemption has been denied in all cases where such immovable property is acquired after March 31, 2000!

Proposals That Will Hurt the Global Indian Sentiment

Flat Rate of Tax

20% flat tax on interest & other investment income 30% flat tax on all capital gains Apart from 20% & 30% TDS on above, TDS at a baffling rate of 35% prescribed on all residual income

No Personal Exemption

No personal exemption or deduction allowed in computing the above income treated as �income from special sources�.

Weird Interpretation

Poor drafting leads to such a weird interpretation that transfer of a capital asset may attract 30% tax on gross sale consideration.

What Discrimination!

Ironical but true! Non-Indian sportspersons, say Ricky Ponting or Shoaib Akhtar, required to pay a concessional tax of 10% on their game, advertisement and column earnings in India, thus enjoying a more privileged tax status than our own sons of the soil living abroad.

Since you are going for stamping in India, just be sure to take your degree certificates as well as transcripts.

Not so important - W2 statements for the years in the US as well as tax returns.

2010 Lady Gaga#39;s Bad Romance Gets

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satyasrd

06-14 08:56 AM

This is something that I have requested so many times now but never get a response except for "another July 2007 will never happen again". I am not sure how thousands like me will ever get any relief if we are not allowed to file I-485 and get EAD. How many more years do we have to wait for that... 5, 10, 15 ?!?! This is absolutely ridiculous.

Guys,Please do something for priority dates to be current.We are despirately waiting from 4years to file I-485...EAD...I-140 is approved long back.Atleast in this summer we are hoping......

If I am working with X company & Y company is ready to file GC. (Assuming Y has no objections even if I do not join the company at all) Is it mandatory for the candidate to join company Y at certain stage which has file GC?

If to be on safe side, I should join company Y at some point; then what is that state - GC is approved (Once GC is in hand) or even before that.

I ported from EB3 to EB2 recently and if its all goes well, my PD of May 06 might be current. Is there any way one can determine if their finger prints, photographs, security checks, etc., are valid and the application is pre-adjudicated and ready for approval.

now, I'm really confused . Based of the last comments, she or he (I'm not familiar with indian names- sorry ) travelled outside USA while application for extension was pending . and got approved AFTER arrival .

guys, there is something, somewhere to read or to get a proper information ?

Saw August Visa Bulletin on Mid July. Checked the appointments PDF in chennai consulate and did not see appointments for August yet. Sent an email to Chennai consulate requesting when will my appointment be as per the new august bulletin and surprisingly they sent a reply saying that I was scheduled for August 11nth. Started preparing for the interview. Told my employer and client that I am leaving to India for the interview. Got the notarized copy of the employment letter. Started on July24th and reached July25th night. Got some sleep and went to local police station and applied for the PCC but the local police station asked too many question and gave me hard time. Went to Lister Laboratory and took the medicals. Went to local police station for atleast 10 times between saturday and Sunday following up but no proper answers Got the results from Listor laboratory and went to the Doctor and got the medical report done. Got frustrated and went to commissioners office on Monday and came to know that there is a official PCC format request in that office and applied for the same immediately. Personally met ACP and explained the situation and he promised me to get the PCC the very next day. went directly from the commisioner office to Passport office and applied for the PCC there too since the US consulate in chennai requested the PCC to be given form both passport office and the commissioners office. Tuesday Morning got police verification for me and my wife in our homes. Tuesday evening went to passport office and collected the PCC stamped in the passports and collected the PCC from them. Went to Commissioners office and collected the PCC from there too. Wednesday executed the secondary BCC affidavit since my name was not written on the BCC. Wednesday took all the documents and went to local VFS office and submitted all the documents and paid courier fees. Went to US Consulate on August 11th Morning around 7.30 AM. We were let inside and asked to wait in the waiting room for couple hours now. We were called around 10.00 AM and an Indian lady verified all the documents and asked for all the originals. The original documents requested are BCC, PCC, Offer letter, Affidavit, Marriage photos, marriage invitation,..... We told the officer that we have an infant and asked if it will take more time. The officer promised to call as first. 10.45 AM they called us around 10.45 and took finger printing for me and my wife. 11.15 AM an American lady officer called us and asked some questions like how long I have been in US, whom do I work for, whats my designation, and asked couple question to my wife. Finally congratulated us and said they are issuing the immigration visa to us and that we will get our passports in a week and handed over all the original documents back to us. Started from the consulate. Started to US on last Thursday. Reached on Thursday here at LAX port of entry. Asked to wait for an hour. took finger printing and asked us to get our baggage and waited in the waiting area. One hour from there one officer called and said the passports are stamped and we are all set to go. They told that the temporary visa is valid for one year and if I dont get the GC with in that time frame I should contact the local office then. Job done.

Guys this forum was helpful to gather information and I wish all the very best for the ppl to sail smoothly and get their GC.

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harivenkat

05-11 01:06 PM

This is happening right now

Senator Patrick Leahy (D-VT) chaired a Senate Judiciary Committee hearing on U.S. citizenship and immigration services. Alejandro Mayorkas, Director of U.S. Citizenship and Immigration Services testified before the committee.

My LC was filed in Perm process and even got approved but the hard copy got lost in mail handling. Can I have another LC filed from the same company? Furthermore, can I reuse my first LC's postings-advertisements that the company does before filing the LC?

Please any suggestions would be greatly appreciated

Thank you.

redcard

04-02 10:01 AM

Hmm really? I thought that is not possible anymore. Can you give me the details or refer me to a website that has them? Thank you!

Get married to your partner.. its legal in states like CT, MA. Not sure if USCIS will consider it legal.